At Columbia Family Law Group, LLC, we recognize the significance of the bond between grandparents and grandchildren. When family dynamics change due to divorce, separation, or the loss of a parent, this important relationship can be compromised. If you are a grandparent who has lost access to your child, you may feel heartbroken and helpless.

However, it’s important to know that Missouri law provides options for grandparents to pursue court-ordered visits. Navigating the legal process requires a thorough understanding of the relevant statutes and the assistance of a compassionate and experienced lawyer.

When Can Grandparents Seek Visitation in Missouri?

Missouri law does not automatically provide grandparents with visitation rights. However, there are specific circumstances in which a grandparent can request visitation through the court. According to Missouri Rev. Stat. § 452.402, a grandparent may petition the court for visitation if one of the following conditions applies:

• The child has lived with the grandparent for at least six months in the two years prior to the filing of the petition, and the parent has denied visitation for at least 90 days.
• One of the child’s parents has passed away, and the surviving parent is denying visitation.
• Visitation has been unfairly denied by a parent after divorce proceedings have been finalized or are ongoing.

These legal thresholds are in place to strike a balance between the fundamental right of parents to raise their children as they see fit and the recognized importance of maintaining a child’s connection with their extended family.

The Paramount Factor: The Best Interests of the Child

Even if one of the legal requirements is met, the court’s main concern will always be the best interests of the child. This principle is the basis for all decisions in Missouri custody and visitation cases. A judge will not award visitation simply because the grandparents want it; they need to be convinced that it will truly benefit the child.

When applying this standard, the court will take into account a wide range of factors. These include:

• The mental, physical, and emotional well-being of all parties involved, including any history of domestic abuse.
• The nature of the child’s relationship with the grandparents.
• The child’s relationships with other family members, such as parents and siblings.
• If the child is old enough and mature enough, their own wishes will be considered.
• Any existing parenting plans or custody agreements.
• The possibility of conducting a home study to assess the living situation of the grandparents.

The Role of a Guardian Ad Litem

In many cases of grandparent visitation, the court may appoint a Guardian Ad Litem (GAL) to represent the child’s best interests. This is usually an attorney who will conduct a thorough investigation into the situation, including interviewing parents, grandparents, teachers, and other parties involved. They will present their findings and recommendations to the court. It is important to understand the GAL’s role and work effectively within the process, which is why it is crucial to have skilled legal counsel.

What Visitation Might Look Like

If the court deems that visitation would be in the best interest of the child, it will issue an order detailing the specific terms. This order may include detailed restrictions and conditions to ensure the safety and well-being of the child. These may dictate the timing, location, and mode of visitation, for example, the court may initially order supervised visits or specify certain holidays or weekends for visitation. The court also takes into account preventing parental interference and crafts the order to support and not undermine the child’s primary home environment.

How Our Firm Can Help You

The legal process for establishing grandparents’ rights can be complex and emotionally challenging. Columbia Family Law Group, LLC has over 35 years of experience navigating the Missouri legal system and has a deep understanding of Missouri Rev. Stat. §452.402 and the persuasive evidence necessary to demonstrate that continued involvement in your grandchild’s life is in their best interests.

We provide compassionate and assertive representation to protect your family’s interests. We will guide you through every stage, from assessing your legal standing to advocating strongly for you in negotiations or court proceedings.

If you are a grandparent who has been denied the opportunity to spend time with your grandchild, please don’t lose hope. Contact us today to schedule a consultation. Our team of experts will help you explore all your legal options and work to ensure that you can maintain a close relationship with your grandchildren. Together, we can fight for what you and your family deserve.